Can a search warrant be used to search a vehicle in violation of the terms of a conditional discharge order issued by a parole officer?

California, United States of America


The following excerpt is from People v. Tellez, 128 Cal.App.3d 876, 180 Cal.Rptr. 579 (Cal. App. 1982):

This fact, however, does not compel suppression of the evidence recovered in the search conducted by the officers. It is uncontradicted that the officers were informed by appellant's parole officer and appellant, that he was in fact on parole. Their reliance on this information was reasonable and they acted thereon in good faith. As we previously stated in People v. Spratt (1980) 104 Cal.App.3d 562, 567, 164 Cal.Rptr. 78: "The test of legality of a search is that of reasonableness and the court must look to all of the circumstances known to the officers prior to implementing the search. [Citation.]"

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